Bernard Durkan (Kildare North, Fine Gael)
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587. To ask the Minister for Health his legislative proposals relating to surrogacy, with particular reference to ensuring that the interests of the children and parties are sufficiently safeguarded and protected with particular reference to the obviation of the need for subsequent legal action; and if he will make a statement on the matter. [54151/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy will be aware, drafting of a bill on assisted human reproduction (AHR) and associated areas of research is ongoing by officials in my Department, in conjunction with the Office of the Attorney General. This legislation encompasses the regulation for the first time of a wide range of practices undertaken in this jurisdiction, including domestic altruistic surrogacy.

The surrogacy provisions of the Bill outline the specific conditions under which surrogacy in Ireland will be permitted, including a requirement for all surrogacy agreements to be altruistic and pre-authorised by the new AHR Regulatory Authority. The legislation sets out a court-based mechanism through which the parentage of a child born through surrogacy may be transferred from the surrogate to the intending parent(s).

In addition, under the surrogacy provisions at least one of the intending parents will have to be genetically related to the child. The Bill will also provide for the establishment of a National Surrogacy Register to ensure the child’s right to identify all parties (including the surrogate mother, intending parents and any donor) involved in the child’s conception and birth. Commercial surrogacy in Ireland will be prohibited as it raises a number of concerns relating to the welfare and commodification of the children involved as well as the potential risks of coercion and exploitation of financially vulnerable women to act as surrogates.

Publication of the AHR Bill is a priority for my Department and the Government, and a commitment to enact this legislation is included in the Programme for Government, “Our Shared Future”. This Department will continue to engage intensively with the Office of the Attorney General in order to finalise this complex legislation.

The AHR legislation aims to promote and ensure the health and safety of parents and others involved in the process (such as donors and surrogate mothers), while, most importantly, consideration of the welfare and best interests of children born as a result of AHR is a key principle underpinning all legislative measures in this area.